546

( ueenshxub

ANNO TRICESIMO TERTIO

ELIZABETHAE SECUNDAE REGINAE

No. 52 of 1984
Act to provide for support, adminis trative services and
assistance for communities resident in Torres Strait
or deemed so to be and for management of lands for
use by those communities and for related p urposes
[ASSENTED TO 15TH MAY, 1984]

Community Services (Torres Strait ) A ct 1984, No. 52

547

BE IT ENACTED by the Queen's Most Excellent Majesty, by and

with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same, as follows:
PART I-PRELIMINARY
1. Short title.
This Act may be cited as the Community Services
(Torres Strait) A ct 1984.
2. Commencement. (1) Section 1 and this section shall commence
on the day this Act is assented to for and on behalf of Her Majesty.
(2) Except as is provided by subsection (1), this Act shall commence
on 31 May 1984 or on such earlier date as is appointed by Proclamation.
(3) The date on which this Act, other than sections 1 and 2, commences
as prescribed is in this Act referred to as the commencement of this Act.
3. Arrangement.

This Act is arranged in Parts as follows:-

PART I-PRELIMINARY (ss. 1-6);

PART 11-ADMINISTRATION (ss. 7-13);
PART III-LOCAL GOVERNMENT OF AREAS (ss. 14-43);

Division I -Island Councils;

Division 2-Law and Order in A reas;
Division 3-Determination of Matters of Con plaint in A reas;
PART IV-ISLAND CO-ORDINATING COUNCIL (ss. 44-51);
PART V-ISLAND INDUSTRIES BOARD (ss. 52-62);
PART VI-ENTRY UPON AREAS (ss. 63-68);
PART VII-ASSISTANCE SOUGHT BY ISLANDERS (ss. 69-73);
PART VIII-GENERAL PROVISIONS (ss. 74--81);

PART IX-ASSISTANCE TO AND REVIEW OF ISLAND COUNCILS

(ss. 82-83).

4. Repeal.

The Torres Strait Islanders A ct 1971-1979 is repealed.

5. Savings. (1) An area that at the commencement of this Act is a

reserve within the meaning of the Torres Strait Islanders A ct 1971-1979
shall continue as a trust area for the purposes of this Act.
(2) A community for Islanders that exists at the commencement of
this Act shall continue to be a community for Islanders for the purposes
of this Act.
The community of Islanders resident at Bamaga shall be deemed for
the purposes of this Act to be resident in the Torres Strait.
(3) Every Island Council existing at the commencement of this Act
shall, unless it is sooner dissolved in accordance with this Act, continue
in being for the purposes of this Act until the first election of councillors
held as required by this Act.

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Community Services (Torres Strait) A ct 1984, No. 52

(4) Every by- law, resolution or order lawfully made by an Island

Council before the commencement of this Act that subsists at such
commencement shall continue to have force and effect as if it had been
made pursuant to this Act.
(5) Every order and decision made by an Island Court before the
commencement of this Act that is operative at such commencement shall
continue to be operative as if it had been made by that court constituted
pursuant to this Act.
(6) A person who at the commencement of this Act holds an
appointment for the purposes of the Torres Strait Islanders A ct 1971 (or
that Act as subsequently amended) shall, subject to the conditions of his
appointment , continue to hold the appointment for the purposes of this
Act, if the appointment is material to the purposes of this Act.
(7) A management of property of a person that was undertaken
when he was an assisted Islander within the meaning of The A borigines'
and Torres Strait Islanders ' A ffairs A ct of 1965 (or that Act as subsequently
amended) and that is maintained at the commencement of this Act shall be
deemed to be a management of property under this Act and, unless it is
terminated in accordance with this Act, shall be maintained in accordance
with this Act.
(8) A management of property of an Islander that is maintained at
the commencement of this Act shall continue to be maintained in
accordance with this Act unless it is terminated in accordance with this
Act.
In this Act, except where the contrary
6. Meaning of terms .
appears" area " includes a trust area and an area of a community;
" area of a community " means that part of a trust area for the
benefit of Aboriginal inhabitants or of land reserved and
set apart by the Governor in Council for the benefit of
Aborigines under the provisions of law relating to Crown
lands appropriated for the use of a community of Islanders,
where there is such a community established on the trust
area or reserve;
" by-laws " in relation to an Island Council, includes(a) by-laws made by the council as the authority charged with
the functions of local government of an area; and
(b) by-laws made by the council as trustee of the area by reason
of the land comprising the area having been granted in trust
or reserved anca set apart by the Governor in Council under
the provisions of law relating to Crown lands and vested in
or placed under the control- of the council;
" Corporation " means the corporation sole preserved, continued
in being and constituted, under the Community Services
(A borigines) A ct 1984 by the name and style The Corporation
of the Under Secretary;

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" Department " means the Department of Community Services;

" Islander " means a person who is a descendant of an indigenous
inhabitant of the Torres Strait Islands and includes any
person who resides in an area as part of a community of
Islanders;
" Minister " means the Minister of the Crown for the time being
charged with the administration of this Act and includes
any other Minister of the Crown for the time being performing
the duties of the Minister;
" trust area " means land granted in trust by the Governor in
Council for the benefit of Islander inhabitants or reserved
and set apart by the Governor in Council for the benefit
of Islanders under the provisions of law relating to Crown
lands;
" Under Secretary " means the person holding the appointment of
Under Secretary, Department of Community Services and
includes any person for the time being acting in or performing
the duties of that appointment.

PART II-ADMINISTRATION

7. Responsible officer. The Under Secretary is the officer charged

with the responsibility for the administration of this Act, subject to
thelMinister.
8. Corporation may function for purposes of this Act.
The
Corporation may exercise for the purposes of this Act all or any of the
powers conferred on it by the Community Services (A borigines) A ct
1984 in addition to the powers conferred on it by this Act.
9. Agents of Department . (1) The Under Secretary may make
arrangements with any person holding an appointment under any Act,
any officer of the Public Service of Queensland, any person concerned
in the local government of any Area or any other person with a view to
the person who from time to time holds an appointment specified in the
arrangements at a place in Queensland specified in the arrangements to
be an agent of the department within an area described in the arrangements.
(2) An arrangement made under subsection (1) may include a
provision for the payment to the agent or to the person with whom the
arrangement is made of an amount by way of remuneration for the agent's
services.
(3) An agent of the department shall discharge such functions and
duties and may exercise such powers as are imposed or conferred on
him by this Act or as the Under Secretary from time to time requests of
him.

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Community Services (Torres Strait) A ct 1984, No. 52

10. Power of delegation. (1) The Minister or Under Secretary may,

either generally or otherwise as provided by the instrument of delegation,
by writing delegate to any person all or any of his powers, functions and
duties except this power of delegation or a function imposed on him
pursuant to section 12 (1).
(2) A power, function or duty so delegated, if exercised or performed
by the delegate, shall be exercised or performed by the delegate in
accordance with the instrument of delegation.
(3) A delegation may be made subject to such terms and limitations
as the Minister or Under Secretary thinks fit including a requirement
that the delegate shall report to the Minister or, as the case may be,
Under Secretary upon his exercise or performance of the delegated
power, function or duty.
(4) The Minister or Under Secretary may make such and so many
delegations of the same power, function or duty and to such number of
persons as he considers necessary or desirable.
(5) A delegation is revocable at the will of the Minister or, as the
case may be, Under Secretary and does not prevent the exercise of a power
or the performance of a function or duty by him.
(1) The Governor in Council may appoint
11. Visiting justices.
a justice to be a visiting justice to one or more trust areas.
(2) At least once in every period of three months the visiting justice
shall visit every trust area to which he is visiting justice and shall(a) investigate any complaints by Islanders resident in the area
concerning the administration of the area;
(b) inspect the record of punishments imposed on Islanders in
the area by any Island Court that functions in the area;
(c) if he is a Stipendiary Magistrate, constitute a Magistrates
Court there and hear and determine summarily complaints
against Islanders in the area in cases where an Island Court
does not exist in the area;
(d) report to the Under Secretary as soon as is practicable after
after completion of his visit on(i) administration of the area; and
(ii) matters that in his opinion affect the welfare of residents
in the area; and
(iii) such other matters as the Under Secretary requests.
12. Official inquiries. (1) The Governor in Council may authorize
any person to make and hold such inspections, investigations and inquiries
for the purposes of this Act as he considers desirable and for the purposes
of such an inspection, investigation or inquiry the person so authorized
may exercise and shall have the powers, authorities, protection and
jurisdiction of a commission under The Commissions of Inquiry A cts
1950 to 1954 and of a chairman of such a commission except such as are

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551

by those Acts confined to a chairman who is a Judge of the Supreme

Court, unless he is such a judge.
(2) A person who makes or holds an inspection, investigation or
inquiry pursuant to subsection (1) shall, as soon as is practicable after
its completion, furnish a full report thereon to the Minister, who shall
submit the report to the Governor in Council.
13. Annual report on administration .
As soon as is practicable
after 30 June in each year the Under Secretary shall furnish to the
Minister a report on the administration of this Act during the preceding
12 months.
The Minister shall table each such report received by him in the
Legislative Assembly within 14 sitting days after he has received it.
PART III-LOCAL GOVERNMENT OF AREAS
Division I -Island Councils

14. Requirement of Island Councils .

(1) Subject to this Part,
every trust area and the community of Islanders at Bamaga shall be
governed by an Island Council.
(2) Where a community of Islanders exists in a trust area within the
meaning of the Community Services (A borigines) A ct 1984 the Island
Council that governs the community has jurisdiction only within that part
of the area appropriated for the use of that community.
15. Incorporation of Island Councils . (1) Every Island Council
existing at the commencement of this Act is preserved, continued in being
and constituted as a body corporate and shall continue as such until it
is dissolved as prescribed.
(2) Every Island Council established after the commencement of this
Act shall upon its establishment be a body corporate and shall continue
as such until it is dissolved as prescribed.
(3) A body corporate referred to in subsection (1) or (2) shall have
perpetual succession and an official seal which shall be judicially noticed
and shall, under its name-being (name of the trust area or community)
Island Council-be capable in law of suing and being sued, of acquiring,
holding (absolutely or subject to trusts), letting, leasing, hiring, disposing
of and otherwise dealing with property real and personal and of doing
and suffering all such acts and things as bodies corporate may in law do
and suffer.
(4) The persons who at the commencement of this Act comprise an
Island Council shall continue in office until their successors are
appointed as prescribed.
16. Tenure of office of councillors .
Subject to this Act, every
member of an Island Council shall hold office for three years commencing
on the day of his election as a member and terminating at the conclusion
of the next triennial election of members of the council.

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Community Services (Torres Strait) A ct 1984, No. 52

17. Times for election of councillors . (1) In the year 1985 an

election shall be held for the purpose of reconstituting the Island
Council established for each area on the date on which are held the
triennial elections in that year for the purpose of reconstituting Local
Authorities pursuant to the Local Government A ct 1936-1984.

(2) The term of office of every member of an Island Council

established as at the commencement of this Act shall terminate at the
conclusion of the election held pursuant to subsection (1).
(3) In each area a triennial election of members of the Island
Council established for the area and existing for the time being shall be
held.
(4) Every triennial election held pursuant to subsection (3) shall
be held on the date on which are held the triennial elections for the
purpose of reconstituting Local Authorities pursuant to the Local
Government A ct 1936-1984.
18. Voters' roll.
For the purpose of every triennial election for
an Island Council and, if necessary, for any other election for the
council held pursuant to this Act there shall be compiled a voters' roll,
which shall be in accordance with the provisions relating to voters'
rolls of the Local Government A ct 1936-1984 or, if the regulations prescribe
with respect to voters' rolls, with the provisions of the regulations.
19. Relationship of Island area to Local Authority Area.
Notwithstanding any provision of the Local Government A ct 1936-1984(a) land within an area is not rateable land for the purposes of
that Act;
(b) a person whose name is properly on a voters' roll for the
purpose of an election of an Island Council(i) shall not be entitled to vote at an election of the Local
Authority of the Area within the meaning of the Local
Government A ct 1936-1984 of which the area of the Island
Council forms a part or at an election to fill any vacancy
on that Local Authority;

(ii) is not qualified to be enrolled on the voters' roll for the

purpose of an election such as is referred to in subparagraph
(i);
(c) the returning officer, for the purpose of an election such as
is referred to in subparagraph (b) (i), is authorized to make such
eliminations from and corrections of any electoral roll in use
for the purpose of the election as are necessary to give effect
to paragraph (b).
20. Power to dissolve Island Council .
may-

(a) in his absolute discretion; or

The Governor in Council

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553

(b) upon the petition of at least one-fifth of the electors enrolled

on a voters' roll for the area to which the petition relates,
by Order in Council, if in his opinion circumstances have arisen that
render it necessary so to do, dissolve an Island Council, whereupon the
members of the council shall go out of office.
21. Appointment of Administrator. (1) By the order by which he
dissolves an Island Council or by a subsequent Order in Council the
Governor in Council shall appoint some person to discharge and exercise,
for such period as is specified in the order, such of the functions,
duties and powers of the council as are specified in the order.
For the term of his appointment the person appointed shall be deemed
to be the Island Council and shall be charged with the functions and
duties and may exercise the powers so specified.
(2) The person so appointed shall be known by the official title of
Administrator of the Island Council concerned.
22. Order for fresh election.
Where the Governor in Council has
dissolved an Island Council he may, by the same or a subsequent Order in
Council direct that a fresh election for the council shall be held at a
time appointed by him and such direction shall be given effect.
23. Functions of Island Councils . (1) An Island Council has and
may discharge the functions of local government of the area for which it
is established and is hereby charged with the good rule and government
thereof in accordance with the customs and practices of the Islanders
concerned and for that purpose may make by-laws and enforce the
observance of all by-laws lawfully made by it.
(2) Without limiting the functions and powers of an Island Council,
a council may make by-laws for promoting, maintaining, regulating and
controllingthe peace, order, discipline, comfort, health, moral safety,
convenience, food supply, housing and welfare of the area
for which it is established;
the planning, development and embellishment of the area for which
it is established;
the business and working of the local government of the area
for which it is established.
(3) Matters with respect to which an Island Council may exercise
its powers and discharge its functions include(a) the provision, construction, maintenance, management, and
control of roads, bridges, viaducts, culverts, baths and
bathing places; the undertaking and execution of work in
connexion therewith; the regulation of the usage thereof;
(b) health, sanitation, cleansing, scavenging and drainage, the
removal, suppression and abatement of nuisances, public

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Community Services (Torres Strait) A ct 1984, No. 52

conveniences, water conservation, agricultural drainage,
village planning, subdivision of land, the usage and occupation
of land, building, the usage and occupation of buildings,
protection from fire, boundaries and fences, disposal of the
dead, the destruction of weeds and animals;
(c) works, matters and things that, in its opinion, are necessary
or conducive to the good rule and government of the area
or community for which the council is established or to the
well-being of its inhabitants.

(4) The power conferred on an Island Council to regulate or control

includes power to license or permit or to refuse to license or permit and
to prohibit by by-law made in that behalf.
(5) Fees, charges, fares, rents, and dues may be imposed by by-law
or resolution of an Island Council.
(6) A by-law of an Island Council may impose a penalty in respect of
any breach thereof or of another by-law but any such penalty(a) shall not exceed $500; or
(b) if it is expressed as a daily penalty, shall not exceed $50 per day.
(7) For the purposes of exercising its powers and discharging its
functions an Island Council may engage such servants and agents as it
thinks fit.
24. Provisions concerning making of by-laws . (1) A by-law of an
Island Council shall be made and shall take effect in accordance with the
provisions of this section.
(2) A by-law shall be made by resolution of the council and shall be
of no force or effect until it has been approved by the Governor in
Council.
(3) Before proceeding to make a by-law a notice of intention to make
the proposed by-law shall be exhibited in at least one prominent place in
the area for which the council is established.
Every such notice(a) shall contain a copy of the proposed by-law; and
(b) shall specify a date by which or a time within which objections
to the making of the by-law may be made to the clerk of the
council.
(4) Where, after considering all objections duly made to the making
thereof, an Island Council has proceeded to the making of the by-law it
shall submit the by-law to the Minister for the approval of the Governor
in Council.
Every such submission shall be accompanied by(a) a certificate of the chairman and the clerk of the council that
the provisions of subsection (3) have been complied with;

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555

(b) all objections to the making of the by-law that were duly
made and lodged with the clerk of the council; and

(c) the representations (if any) of the council in respect of the

objections.
(5) The Governor in Council shall consider every by-law submitted to
the Minister and all objections and representations accompanying the
submission and may reject the by-law or may approve the by-law wholly
or in part.
(6) Where the Governor in Council approves a by-law or part of a
by-law his approval and the by-law or part shall be published in the
Gazette and thereupon the by-law as approved shall have the force of law
and shall not be questioned in any proceedings whatever.
A by-law as approved shall come into operation on the date of its
publication in the Gazette unless it specifies a later date for its
commencement, in which case it shall come into operation on such later
date.
25. Subsequent action as to by-laws.
Where a by-law made by an
Island Council has been approved by the Governor in Council the
council(a) shall cause a copy of the by-law as approved to be exhibited
for a reasonable time in at least one prominent place within
the area for which it is established;
(b) shall cause a reasonable number of copies of the by-law as
approved to be kept at the council's office and available to
residents of the area for which it is established; and
(c) may at any time repeal or amend the by-law by another by-law
made in accordance with section 24.
26. Island rate and other charges . (1) An Island Council may make
and levy a rate upon such basis as is prescribed by by-law of the council.
(2) An Island Council may impose, demand and recover fees, charges,
fares, rents and dues in respect of any property, service, matter or thing
for the purpose of enabling it to discharge and exercise its functions and
powers.
27. Budget of Island ' Councils. (1) An Island Council shall cause
to be framed in a form acceptable to the Minister a separate budget for
each fund established and kept by it, other than any trust fund, on or
before its first ordinary meeting in the month of August in each year.
Every such budget shall be for the current year commencing on 1 July
and terminating on the next following 30 June, and, if the form and
manner of its framing is prescribed, shall be framed in the form and
manner prescribed.

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Community Services (Torres Strait) A ct 1984, No. 52

financial transactions for the period to which it relates and shows a

true and fair view of the state of the council's financial affairs at the
close of that period.
An Island Council has power to borrow
32. Borrowing powers.
money for the purpose of enabling it to discharge the functions of local
government of the area for which it is established and the provisions of
sections 22 and 28 of the Local Government A ct 1936-1984 shall apply in
relation to that power and the raising of loans in exercise of that power
as if it were a Local Authority within the meaning of that Act and its
area were an Area within the meaning of that Act.
33. Short term investment powers . (1) An Island Council may
invest moneys that are temporarily surplus in any fund kept by it(a) in securities issued or guaranteed by the Government of
the Commonwealth or of a State or Territory of the
Commonwealth;
(b) with or on deposit with a bank or in securities issued guaranteed
or accepted by a bank;
(c) with any authorized dealer in the short term money market
with established lines of credit with the Reserve Bank of
Australia as lender of last resort;
(d) in such other securities, investments or other financial
arrangements as may be recommended by the Treasurer and
approved by the Governor in Council,
provided that no such investment shall have a term in excess of 12 months
except with the Treasurer's approval first had and obtained.
(2) Every security, safe custody acknowledgment or other document
evidencing title issued in respect of any investment shall be held by the
Island Council concerned or by the Treasurer on its behalf.

Division 2 -Law and Order in A reas

34. Jurisdiction and powers of Queensland police . (1) Members of
the Police Force of Queensland have and may exercise in any area and in
respect of persons therein the functions, duties and powers imposed or
conferred on them by law that they have and may exercise in any other
part of Queensland.
(2) In respect of the discharge or exercise in an area of any function,
duty or power a member of the police force has the protection accorded
by law to a member of the police force in the discharge or exercise of
that function, duty or power elsewhere in Queensland.
(3) Members of the Police Force of Queensland are authorized to
perform such acts and so such things in an area as may be authorized
or required to be done by Island police under the by-laws of the Island
Council established for that area as if such by-laws were part of the law
of Queensland.

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(4) In respect of the performance in an area of any act or thing

referred to in subsection (3) a member of the police force has the
protection accorded by law to a member of the police force in the
discharge or exercise by him of his functions, duties and powers
elsewhere in Queensland.
35. Entry upon trust areas etc.
A member of the Police Force of
Queensland is entitled to enter on and to be in an area(a) for the purpose of discharging or exercising a function, duty
or power imposed or conferred on him by law; or
(b) for the purpose of performing any act or thing that he is by
this Act authorized to perform pursuant to an authority or
requirement of a by-law of an Island Council,
and, in the case referred to in paragraph (b), he shall be deemed to be
acting in the discharge of his duty as a member of the police force.
36. Places in trust areas etc. deemed to be public places .
Right of
access to or use of any place in an area by the general body of persons
resident in the area shall be deemed to be right of access or use by the
public and where any place would, but for its being in such an area, be
taken in law to be a public place, road, park or place of any other
description it shall be taken so to be notwithstanding that it is in the
area in question.
37. Island police. (1) The function of maintaining peace and good
order in all parts of an area is that of persons who hold appointments
for the time being as Island police for the area.
(2) An Island Council, with the Minister's approval, may appoint
such number of persons as it considers necessary for the peace and good
order of its area and the council shall equip the persons appointed with
a uniform and such other marks of authority as it thinks fit to enable
them to discharge their function.
38. Discharge of Island police function . (1) Island police appointed
for an area shall have and may exercise within that area the functions,
duties and powers conferred on them by by-law of the Island Council
established for the area.
(2) If at any time a member of the Police Force of Queensland is, in
execution of his duty, stationed in or present in the area for which
Island police are appointed they shall discharge and exercise their functions,
duties and powers subject to the direction and control of that member.
(3) It is lawful for an Island policeman to use reasonable force in
the discharge of his function of maintaining peace and good order in the
area for which he is appointed.

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39. Other functions of Island police. An Island Council may by its

by-laws or otherwise as it thinks fit charge Island police appointed for
the area for which the council is established with responsibility for
ambulance services, fire-fighting services, emergency services and such
other services associated with the local government of the area as it
thinks fit.

Division 3-Determination of Matters of Complaint in A reas

40. Island Courts. (1) For any area there may be constituted a
court under the title, Island Court.
(2) An Island Court shall be constituted(a) by two justices of the peace each of whom being an Islander
resident in the area for which the court is constituted and
being entitled to sit as a member of the court in a particular
case; or
(b) where paragraph (a) cannot be complied with, by the members
of the Island Council established for the area concerned or a
majority of them.
(3) A person is not entitled to sit as a member of an Island Court
constituted to hear and determine a matter in which he is a party.
41. Jurisdiction of Island Courts . (1) Subject to this Act, an Island
Court has and may exercise the jurisdiction, powers and authorities
conferred on itby this Act; or
by the by-laws of the Island Council established for the area for
which the court is constituted.
(2) An Island Court has jurisdiction to hear and determine(a) matters of complaint that are breaches of the by-laws applicable
within its area;
(b) disputes concerning matters within its area that are not
breaches of the by-laws applicable within its area or of any
law of the Commonwealth or the State; and
(c) matters committed to its jurisdiction by the regulations,
and shall exercise that jurisdiction referred to in provision (a) in
accordance with the appropriate by-law having regard to the usages and
customs of the community within its area and that jurisdiction referred
to in provision (b) in accordance with the usages and customs of the
community within its area.
42. Limitation of jurisdiction over persons . (1) The jurisdiction
of an Island Court extends only to and in respect of persons, whether
Islanders or not, who are part of the community resident in the area
for which it is constituted.

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561

(2) A person, whether an Islander or not, who is a resident in an

area by reason only that he holds an appointment that requires his
residence there shall not be taken to be part of the community resident
in the area.
(3) A person charged with a breach of a by-law applicable within an
area who is not subject to the jurisdiction of the Island Court constituted
for the area shall be dealt with according to law before a Magistrates
Court and for that purpose the by-laws of the Island Council established
for that area shall be deemed to be part of the law of Queensland.
43. Right of appeal against conviction . Any person aggrieved
by his conviction of an offence by an Island Court shall have the same
right of appeal against or review of the conviction and order made
thereon as if he had been convicted and the order had been made by
a Magistrates Court and the provisions of the Justices A ct 1886-1982
shall, with all necessary adaptations, apply in respect of that right and
the exercise thereof.

PART IV-ISLAND CO-ORDINATING COUNCIL

44. Continuation and incorporation of Island Co -ordinating Council.

(1) The body known as the Island Advisory Council existing at the
commencement of this Act shall continue in being under the name Island
Co-ordinating Council and be constituted from time to time in accordance
with this Part.
(2) The Island Co-ordinating Council shall be a body corporate
having perpetual succession and an official seal which shall be judicially
noticed and shall, under its name, be capable in law of suing and being
sued, of acquiring, holding (absolutely or subject to trusts), letting, leasing,
hiring, disposing of and otherwise dealing with property real and personal
and of doing and suffering all such acts and things as bodies corporate
may in law do and suffer.
45. Membership of council .
On and from the commencement of
this Act the Island Co-ordinating Council shall be constituted by the
persons who are chairmen of the Island Councils.
46. Functions of council. The functions of the Island Co-ordinating
Council are(a) to consider and advise the Minister and the Under Secretary
on matters affecting the progress, development and well-being
of Islanders;
(b) to recommend to the Minister and the Under Secretary
concerning matters affecting the progress, development and
well-being of Islanders and the administration of this Act;

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Community Services (Torres Strait) A ct 1984, No. 52

(c) from time to time to select as prescribed four persons who
are members of communities resident in the Torres Strait
to be members of the Island Industries Board and four persons,
being members of the Island Co-ordinating Council, to be
members of an executive committee of the council; and
(d) to attend to such other matters as are prescribed.

47. Meetings of council . The members of the Island Co-ordinating

Council shall meet at such times and places as are approved by the Minister
and may meet at such other times and places as they determine.
48. Divisions of Torres Strait. (1) For the purpose of the selection
of members of the Island Industries Board and the executive committee
under section 46 the Minister shall (and may from time to time) delineate,
by such means as he thinks fit, the communities of Islanders resident in
the Torres Strait into four divisions.
(2) The membership of the Island Co-ordinating Council shall be
deemed to be divided into four divisions corresponding to the divisions
delineated for the time being by the Minister, each division being
represented on that council by the members thereof who are members
of communities of Islanders resident in that division.
49. Selection of Board members . (1) For the purpose of the selection
of members of the Island Industries Board and the executive committee
under section 46 the members of each division referred to in section 48
(2) shall select one person, being a member of a community of Islanders
resident in that division, to be a member of the Board or, as the case may
be, the executive committee.
(2) A person selected to be a member of the Island Industries Board
or, as the case may be, the executive committee under section 46 or to fill
a casual vacancy in the office of such a member shall hold office as such
member until he dies or resigns or a successor is selected as prescribed
in his place or in the case of a member of the executive committee
he ceases to be a member of the Island Co-ordinating Council.
(3) A successor to a member of the Island Industries Board or the
executive committee selected under this Part may be selected at any time
in the same manner as that member was selected.
(4) A person selected under this Part to be a member of the Island
Industries Board or the executive committee shall be taken to have
assumed office when his name is notified by the Island Co-ordinating
Council to the Minister.
50. Casual vacancy in office of selected member. In the event of a
vacancy occurring in the office of a member of the Island Industries
Board or the executive committee selected under this Part the division
of members of the Island Co-ordinating Council by which that member
was selected shall select as prescribed a person to hold the office.

Community Services (Torres Strait ) A ct 1984, No. 52

563

51. Particular functions of council. (1) The Island Co-ordinating

Council shall apply property acquired by it (other than property acquired
by it for its own use) towards the progress, development and well-being
of the communities resident in the Torres Strait by such means as, in its
opinion, are best calculated to achieve the purpose.
(2) As soon as is practicable after the expiration of four years after
the commencement of this Act the Island Co-ordinating Council shall
furnish to the Minister a report concerning the operation of this Act
and with that report shall submit its recommendation as to(a) changes in the provisions and administration of this Act that
in its opinion should be made to assist the progress, development
and well-being of communities of Islanders resident in the
Torres Strait;
(b) such other matters as it considers appropriate.
(3) The Minister shall submit the report and recommendations
furnished to him under subsection (2) to the Governor in Council within
28 days after they are furnished to him.

PART V-ISLAND INDUSTRIES BOARD

52. The Board.

(1) The body corporate called " The Island
Industries Board " continued in being under The A borigines' and Torres
Strait Islanders' A ffairs A ct of 1965 is hereby preserved, continued in
being and constituted under and for the purposes of this and in this Act
is called the " Board " or the " Island Industries Board ".
(2) The Board is a body corporate under the name " The Island
Industries Board " and by that name has perpetual succession and an
official seal, which shall be judicially noticed.

(3) The Board consists of(a) an officer of the Department for the time being charged with
management and control of the Department's affairs at Thursday
Island;
(b) two persons appointed by the Governor in Council by
notification published in the Gazette; and
(c) the four members for the time being selected by the Island
Co-ordinating Council.
The persons appointed to the Board by the Governor in Council shall
hold office at his pleasure.
(4) For a period of four years after the commencement of this Act
the chairman of the Board shall be the officer referred to in paragraph
(a) of subsection (3) and thereafter the chairman shall be a member of
the Board nominated by the members for the time being.
53. Existing members and officers. The persons who are members,
officers or employees of the Board at the commencement of this Act shall
be deemed to have been appointed for the purposes of this Act and shall
continue as such according to the respective terms of their appointments.

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Community Services (Torres Strait) A ct 1984, No. 52

54. Casual vacancy in appointed members of Board.

In the event
of a vacancy occurring in the office of a member of the Board appointed
by him the Governor in Council shall appoint another person to hold
the office at the pleasure of the Governor in Council.
55. Board meetings. (1) A quorum of members of the Board shall
consist of a majority of those members including the chairman or a person
nominated by him as his delegate for a particular meeting.
(2) The chairman of the Board shall preside at every meeting of the
Board at which he is present and a person nominated by him as his delegate
shall preside at any other meeting of the Board.
56. Officers and employees of Board. (1) Subject to the Minister's
direction (if any) in that behalf the Board(a) shall appoint a secretary to the Board;
(b) may appoint such administrative and technical officers and
clerks and employ such employees and agents as it considers
necessary to the proper exercise of its powers and discharge
of its functions.
(2) The secretary to the Board may execute documents on behalf of
the Board, and may affix the official seal of the Board to any document
that requires the same and shall perform such duties as are assigned to
him by the Board.
(3) Unless he is appointed to his position under the Public Service
A ct 1922-1978 the secretary to the Board and every officer, clerk, employee
and agent of the Board shall hold his office or be so employed at the
pleasure of the Board.
(4) The chairman of the Board shall be its executive officer and is
charged with control of and shall control the affairs of the Board and of
any business conducted by the Board.
57. Powers of Board. (1) The Board is capable in law of suing and
being sued, of compounding or proving in any court of competent
jurisdiction all debts and sums of money due to it, of acquiring, holding,
alienating, leasing, conveying, surrendering, charging and otherwise
dealing with property within or outside the State, and of doing and
suffering all such other acts and things as bodies corporate may in law
do and suffer.
(2) The Board may(a) carry on the business of banker, blacksmith, building, carpenter,
commission agent, common carrier (by land or water), dealer
(wholesale or retail), engineer, exporter, factor, farmer,
fisherman (including the gathering of pearl-shell, trochus-shell,
and Beche-de-mer), forwarding agent, freight contractor,
general merchant, grazier, importer, ironworker, joiner,
labour agent, lighterman, manufacturer, mining, money-lender,
plumber, shipping agent, ships' chandler, shipbroker,

Community Services (Torres Strait) A ct 1984, No. 52

565

shipbuilder, shipowner, shopkeeper, stevedore, storekeeper,

timber merchant, tinsmith, trustee, warehouseman, wharfinger,
and any other business incidental or ancillary to any of the
businesses specified or which, in the Board's opinion can
be profitably or effectually carried on in connexion with any
of the businesses specified;
(b) acquire, lease, erect , maintain and renovate such buildings,
wharves, vessels, tramways, plant and machinery, and
undertake such works as, in the Board's opinion, are necessary
or desirable for the proper exercise of the powers conferred
on it by this Act;
(c) obtain and disseminate information with respect to the best
manner of carrying on any business specified or referred to
in paragraph (a) of this subsection, undertake the instruction
of Islanders and other persons in any such business and, for
that purpose, establish, maintain and conduct such schools
and classes as the Board considers necessary or desirable
and enter into contracts of apprenticeship;
(d) for the purpose of carrying on any business specified or referred
to in paragraph (a) of this subsection, exercise all such powers,
authorities and discretions and do all such acts and things
as a natural person conducting such a business in the State
might exercise and do;
(e) cause investigations to be made and, from time to time, report
and recommend to the Under Secretary concerning(i) any question touching trade, commerce or business carried
on by Islanders or in which they are interested or engaged;
(ii) markets for the produce of Islanders, trade in and methods
of marketing such produce;
(iii) the encouragement, development and protection of the
trade, commerce and industries of Islanders;
(f) finance any business specified or referred to in paragraph (a)
of this subsection and, for that purpose, raise money on loan
from the Treasurer of Queensland, the Corporation, the
Corporation of the Agricultural Bank, or any bank, financial
institution, or person and mortgage or assign by way of security
property of the Board (including the rights of the Board under
contracts made with Islanders or other persons in connexion
with any such business).
58. Profits of Board. No part of the profits of the Board shall be paid
into Consolidated Revenue but shall be applied for the general welfare
of Islanders in such manner as the Board from time to time directs with
the approval of the Governor in Council.
59. Audit of Board 's accounts. (1) The accounts of the Board shall
be audited by the Auditor-General or by a person authorized by him, each
of whom shall have with respect to such audit and accounts all the powers
and authorities conferred on him by the Financial A dministration and
A udit A ct 1977-1981 as if the Board were a department of government of
Queensland.

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Community Services (Torres Strait ) Act 1984, No. 52

The Board shall pay a fee for such audit in an amount determined by
the Auditor-General.
(2) The Auditor- General shall, at least once in each year , report to
the Minister the result of each audit carried out pursuant to this section
and shall, if he thinks fit, include with the report recommendations to
the Minister with respect to the accounts of the Board.
A copy of such report and recommendation shall be furnished to the
chairman of the Board who shall submit the report and recommendations
to the Board at its first ordinary meeting held after the report and
recommendations are received by him.
(3) The Minister and the Board 's chairman shall give due consideration
to the report and recommendations of the Auditor- General made pursuant
to subsection (2).
60. Annual report by Board. As soon as practicable after the first
day of February in each year the Board shall furnish to the Minister a
full report of its operations during the twelve months period that expired
on the last day of January then last past.
61. Administrator may replace Board members . (1) The Governor in
Council may at any time, on the recommendation of the Minister, dismiss
the members for the time being of the Board, whereupon they shall cease
to hold office, and may from time to time appoint in the place of those
members an administrator to administer the Board's affairs.
(2) A person appointed as administrator under subsection (1) shall
administer the Board's affairs for a period specified by the Governor in
Council, not exceeding in any case a period of two years, unless within
that specified period his appointment is revoked by the Governor in
Council.
(3) The continuity of existence of the Board as a body corporate
shall not be affected by a dismissal of members under subsection (1) and,
for so long as he administers the Board's affairs, the administrator shall
be taken to constitute the Board.
(4) Upon an administrator ceasing to administer the Board's affairs
by reason of the expiration of the period of his appointment or the
revocation of his appointment the Board shall again be constituted by the
persons referred to in section 52 (3).
62. Relinquishment of Board 's assets to local control . (1) If the
Board receives a request in writing from an Island Council established
for an area in which are situated premises in which the Board's business
is carried on that the conduct of that business be transferred to it or to
one or more members of the community resident in the area, the Board
may as soon as is practicable, enter into such contracts, transactions and
arrangements as are necessary or desirable to transfer the conduct of the
business to the council or to such member or members or other member
or members of that community.

Community Services (Torres Strait) A ct 1984, No. 52

567

(2) In discharge of the obligation prescribed by subsection (1) the

Board shall have regard to the resources of the. person or persons to whom
it is proposed that the conduct of the business in question should be
transferred and may transfer the conduct of the business on such terms
and in such manner as it considers appropriate and prudent.
(3) Any person aggrieved by the terms on which or manner in.which
the Board proposes to transfer the conduct of a business to him may apply
to the Minister to review those terms or that manner.
(4) The Minister may, after receiving the representations of the
Board and the applicant and making such inquiry as he thinks fit, either
confirm the Board's decision or vary it to such extent and in such manner
as he thinks fit.
The Minister's decision shall be final and binding and shall be given
effect by the Board and all persons concerned.

PART VI-ENTRY UPON AREAS

63. Entry upon public parts of areas . (1) Any person is authorized
to enter upon and be in any public place, road, park or other place of
public resort within an area or any place of business within an area in
the course of his visiting the area or doing business within the area, if
he is there for a lawful purpose.
(2) Any person is authorized to enter upon and be in any place within
an area, other than a place referred to in subsection (1), if he is there
for a lawful purpose as a guest or at the request of a member of
the community resident in the area who is entitled to be in that place.
64. General authority to be in area. (1) Subject to this Part(a) an Islander or other person who, in either case, is a member
of the community resident in an area; or
(b) a person who is discharging a function under this Act or any
other Act that requires his presence in an area,
is authorized to enter upon, be in and reside in that area.
65. Entry upon and temporary stay in areas . (1) The following
persons are authorized to enter upon and to be in any area and to remain
therein until the purpose of their entry to the area is fulfilled:(a) the Governor-General of Australia and the Governor of
Queensland;
(b) a person whose purpose in the area is to bring to residents
of the area religious instruction, material comforts or medical
aid;
(c) a person whose purpose in the area is to instruct himself on
affairs within the area as a member of the Legislative Assembly
of Queensland or of either House of the Parliament of the
Commonwealth ;

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Community Services (Torres Strait) A ct 1984, No. 52

(d) a person whose purpose in the area is to campaign as a bona
fide candidate for election to the Legislative Assembly of
Queensland or either House of the Parliament of the
Commonwealth at an election for which a writ that requires
its holding has been duly issued;
(e) a person who is assisting or is acting under the direction or
control of a person referred to in the foregoing provisions,
if such last-mentioned person is in the area.

(2) A person shall not be taken to have the purpose of bringing

religious instruction to residents of an area referred to in subsection
(1) unless he is a person or is of a class of person ordinarily used by a
church or other religious organization, which itself is recognized as
such throughout Australia, as a religious instructor.
66. Power of Island Council to regulate presence in area. An Island
Council may(a) make by-laws that authorize persons of a class specified therein
to enter, be in or reside in the area for which it is established;
or
(b) make by-laws not inconsistent with this Act that exclude persons
of a class specified therein from the area for which it is
established or that prohibit or restrict persons of a class specified
therein from entering, being in or residing in that area.
67. Excluded person entitled to reason. Any person who is aggrieved
by his being excluded or prevented from entry upon, being in or residing
in an area or by his entry upon, presence or residence in an area being
restricted shall be entitled, upon his demand therefor, to be given by
the Island Council concerned a notice in writing of the reason therefor.
68. Power of Island Council to eject. (1) In addition to all other
powers had by it to remove persons from land of which it is trustee or
occupier an Island Council may cause its agents to remove from the
area for which it is established(a) any person who is there without authority conferred by this
Act or the by-laws of the council;
(b) any person(i) who belongs to a class of person that is excluded from the
area by its by-laws ;
(ii) who belongs to a class of person whose entry to the area
is prohibited by its by-laws;
(iii) who, being a member of a class of person whose entry
to, being in or residing in the area is restricted by its by-laws,
has contravened or failed to comply with the relevant by-laws.
(2) Any member of the Police Force, upon being requested so to
do by an agent of an Island Council, shall assist in the summary removal
of any person under this section and, while so acting, is authorized to
be in the area concerned.

Community Services (Torres Strait) A ct 1984, No. 52

569

No liability shall attach to any member of the Police Force by

reason only of the fact that a person in whose removal from an area he
has assisted should not have been so removed.
(3) It is lawful to use reasonable force in the exercise of the power
conferred by subsection (1) and in assisting therein.
PART VII-ASSISTANCE SOUGHT BY ISLANDERS

69. Grant of aid. (1) Subject to and in accordance with the

regulations (if any) applicable to the grant in question, the Under
Secretary may grant aid to any Islander who applies to him therefor and,
where necessary, may apply therein money appropriated by Parliament
for the purpose or money held by him for the benefit of Islanders generally.
(2) Subject as prescribed by the preceding subsection, aid granted
under that subsection may be of such a type (in money, in kind, or by way
of services) and may be granted in such circumstances, on such terms and
conditions and, where granted by way of secured loan, on such security
as the Under Secretary thinks fit.
70. Deposit of savings with banker. (1) The Under Secretary
is authorized to continue the facilities established as at the commencement
of this Act in areas for the acceptance by him of money deposited by
Islanders by way of their savings and both he and the Island Industries
Board are authorized to establish in areas new facilities of a like nature.

In this Part the person providing such facilities is called " the
banker ".
(2) The banker shall in the first instance pay all moneys deposited
with him by Islanders by way of their savings(a) where he is the Under Secretary, to the credit of the trust
fund established as at the commencement of this Act with
the Commonwealth Savings Bank of Australia or such other
trust fund or trust funds as he may from time to time establish
for the purpose; or
(b) where he is the Board, to the credit of such trust fund or trust
funds as it may from time to time establish for the purpose.
(3) 'The .banker, -shall cause to be properly kept a separate
record and account of all moneys deposited with him by each Islander by
way of his savings and each such account shall be credited at least once
in each year with an amount as interest earned by the amount standing to
the credit of that account at a rate not less than the rate of interest payable
by the Commonwealth Savings Bank of Australia in respect of its ordinary
asvings accounts.
(4) Money deposited with the banker by Islanders by way of
their savings together with all interest accrued thereon shall be repayable
at call and upon receipt of an authority signed or otherwise attested by
the Islander on whose behalf money is so held or by another person
authorized in writing by the Islander the banker shall arrange the
withdrawal of the amount sought from the appropriate trust fund and
the payment thereof to the Islander or as otherwise requested by the
Islander.

19

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Community Services (Torres Strait) A ct 1984, No. 52

(1) Where at the

71. Continuation of management of money .
commencement of this Act property, being money, of an Islander is being
managed under the Torres Strait Islanders A ct 1971-1979 the Under
Secretary is authorized to continue that management.
(2) Moneys of an Islander under the management of the Under
Secretary pursuant to subsection (1) shall be deemed to be moneys
deposited with him by the Islander by way of his savings and the provisions
of section 70 shall apply accordingly.
72. Investment of moneys by banker. (1) Moneys from time
to time forming part of the trust fund or a trust fund referred to in section
70 (2) that are surplus to the immediate requirements of the fund may be
withdrawn by the banker and may be invested by him or through
the Treasurer of Queensland(a) with any authorized dealer in the short term money market
with established lines of credit with the Reserve Bank of
Australia as lender of last resort; or
(b) in such securities, investments or financial arrangements as
may be recommended by the Treasurer and approved by the
Governor in Council.
(2) No investment of moneys pursuant to subsection (1) shall have a
term in excess of 12 months except with the Treasurer's approval first
had and obtained.
73. Administration of Islanders' estates. (1) Notwithstanding the
provisions of any Act or rule of law or practice where(a) an Islander has died without appointing an executor or there
is no executor resident in Queensland who is willing and capable
of acting in the execution of the will of the deceased; or
(b) an Islander is missing,
the Under Secretary shall administer the estate of the Islander and if
the nature of the estate requires a grant of probate or of letters of
administration to be made, he shall be entitled to that grant in priority
to all other persons.
(2) The Under Secretary may renounce the rights conferred on him
by subsection (1) in favour of the Public Trustee who shall thereupon
be entitled to an Order to Administer the estate in question or, as the
case may be, to file an Election to Administer the estate in question to the
exclusion of all other persons.
(3) In the absence of a testamentary instrument duly made by an
Islander who has died or is to be presumed to have died and if it should
prove impracticable to ascertain the person or persons entitled in law to
succeed to the estate of the Islander or any part of it, the Under Secretary,
whether or not he is administering the estate, may determine which
person or persons shall be entitled to so succeed or whether any person
is so entitled.

Community Services (Torres Strait) A ct 1984, No. 52

571

The person or persons determined by the Under Secretary to be

entitled to succeed to an estate or to any part of it shall be the only
person or persons entitled in law to succeed to the estate or, as the case
may be, part and, if more than one person is so determined, to succeed
in the order and proportions determined by the Under Secretary.
(4) A certificate purporting to be signed by the Under Secretary
that the person or persons named therein is or are entitled to succeed to
the estate or any part of the estate of the person named therein (being a
person to whose estate subsection (1) of this section applies), or that
there is no person so entitled shall be conclusive evidence of the matters
contained therein.
(5) If, so far as can be determined, there is no person entitled to
succeed to the estate or a part of the estate of an Islander who has died
or is to be presumed to have died the estate or, as the case may be, part
shall vest in the Under Secretary who shall apply the moneys or the
proceeds of the sale of any property (less the expenses, if any, of such
sale) for the benefit of Islanders generally as provided by section 69.

PART VIII-GENERAL PROVISIONS

74. Supply of beer in areas . (1) An Island Council, with the Under
Secretary's approval first had and obtained, is authorized to establish
and maintain within its area premises for the sale and supply of beer
and to conduct within its area the business of selling and supplying beer.
(2) If the authority conferred by subsection (1) is exercised by an
Island Council, it shall be exercised as a function of local government.
(3) The provisions of the Liquor A ct 1912-1984, other than section 81
thereof, do not apply in respect of the establishment or maintenance
of premises for the sale and supply of beer pursuant to the authority
conferred by subsection (1) or in respect of the conduct therein and
therefrom of the business of selling and supplying beer pursuant to that
authority or in respect of the consumption of beer so sold and supplied.
For the purpose of the application of section 81 of the Liquor A ct
1912-1984 in respect of such premises in an area the premises shall be
deemed to be premises of a licensee within the meaning of that Act and
the Island Council shall be deemed to be the licensee of the premises within
the meaning of that Act.
(4) An Island Council may, pursuant to its power to make by-laws
conferred by this Act, make by-laws with respect to the establishment and
maintenance within its area of premises in and from which beer may be
sold and supplied; with respect to the sale, supply and consumption of
beer sold and supplied in and from such premises; and with respect
to the conduct of such premises.
(5) Beer sold and supplied from premises established in an area
established pursuant to this section shall not be taken away from those
premises for consumption except in quantities that do not exceed a limit
fixed by the relevant Island Council by its by-laws.

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Community Services (Torres Strait) A ct 1984, No. 52

For the purpose of assessing whether a quantity of beer taken away

by or on behalf of a particular person is in contravention of this subsection
all quantities taken away by him or on his behalf during the period of
trading hours on any one day shall be aggregated and he shall be deemed
to have taken away that aggregate quantity.
A person who conducts or assists in conducting premises established
in an area pursuant to this section shall not knowingly permit or suffer
a person to take away from those premises a quantity of beer in
contravention of this subsection.
(6) If the Under Secretary is satisfied that(a) the sale and supply of beer from premises established in an
area pursuant to this section is, directly or indirectly, the
cause of regularly occurring disorder or breaches of the peace
in the area; or
(b) beer is regularly taken away from such premises in contravention
of subsection (5); or
(c) the sale and supply of beer from such premises is proving
to be(i) detrimental to the health or well-being of the members
generally of the community of Islanders resident in the
area; or
(ii) a source of danger to the life or safety of members generally
of the community of Islanders resident in the area or to
property generally in the area,
he may by notice in writing given to the chairman of the relevant Island
Council call upon the council to show cause at a time and place nominated
by the Under Secretary why such premises should not be closed down.
If sufficient cause is not shown, to the satisfaction of the
Under Secretary, at such time and place or at such time and place to
which the matter may be adjourned, he is hereby authorized to take
all steps necessary to terminate the conduct of the business of selling
and supplying beer from the premises and to remove from the area all
beer being the stock in trade of those premises, upon payment of a fair
price therefor to the Island Council, and to dispose of such beer removed
and to pay the proceeds of such disposal (after payment of all proper
expenses of the disposal) to the Island Fund of the relevant Island Council
for the benefit of the comunity of Islanders resident in its area.
(7) After payment of or making proper allowance for payment of
costs and expenses of conducting the business of selling and supplying
beer pursuant to the authority conferred by subsection (1), surplus moneys
arising therefrom may be applied for the welfare of members of the
community resident in the area in which the business is conducted and for
works and services directed towards such welfare notwithstanding that
the purpose of such application is not a purpose for which an Island
Council may lawfully apply, or does ordinarily apply, any of its funds.

Community Services (Torres Strait) A ct 1984, No. 52

573

75. Report concerning operation of s. 74. (1) As soon as is

practicable after the expiration of four years from the commencement
of this Act the Under Secretary shall furnish to the Minister a report
concerning the operation of section 74 and with that report shall submit
his recommendations as to the changes (if any) that in his opinion should
be made in its provisions to promote the well being of communities of
Islanders resident in the Torres Strait.
(2) The Minister shall submit the report and recommendations
furnished to him under subsection (1) to the Governor in Council within
28 days after they are furnished to him.
76. Protection of fishing and hunting . (1) Notwithstanding the
provisions of any other Act, a member of a community resident in an
area shall not be liable to prosecution as for an offence for taking marine
products or fauna by traditional means for consumption by members
of the community.
(2) Subsection (1) shall not be construed to authorize the sale or other
disposal for gain of any marine product or fauna taken by traditional
means.
77. Obstruction, intimidation and assault. A person shall not
assault or wilfully obstruct or intimidate, or attempt so to do, another
in the discharge or exercise by that other of his functions, duties or
powers under this Act.
78. General penalty for offence . A person who contravenes or fails
to comply with any provision of this Act commits an offence against this
Act and, except where another penalty is expressly provided by this Act
for that offence is liable to a penalty of $500 or to imprisonment for
six months or to both such penalty and imprisonment.
79. Proceedings for offences . (1) Except where it is otherwise by
this section provided, proceedings to enforce a penalty for an offence
against this Act shall be taken in a summary way under the Justices A ct
1886-1982 on the complaint of the Under Secretary or a person authorized
by him in writing.
(2) If it is prescribed by the regulations that proceedings in respect
of a particular offence against a regulation shall be taken before an Island
Court proceedings against a person who is subject to the jurisdiction
of an Island Court in respect of that offence shall not be cognisable by
a Magistrates Court.
(3) In any proceeding before a Magistrates Court in respect of an
offence alleged to have been committed by a person who in respect of that
offence is subject to the jurisdiction of an Island Court it shall be a defence
to prove that the defendant has already been dealt with by an Island
Court of competent jurisdiction for the act or omission that constitutes
the offence.

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80. Evidentiary aids .

offence against this Act-

In proceedings to enforce a penalty for an

(a) an averment in the complaint that a person named therein

is part of the community resident in an area shall be conclusive
evidence thereof until the contrary is proved;
(b) it shall not be necessary to prove the appointment or signature
of the Under Secretary or the authority of the complainant
to lay the complaint;
(c) it shall not be necessary to prove the limits of any area.
81. Regulations. The Governor in Council may make regulations
not inconsistent with this Act with respect to1. the functions, duties and powers of the Under Secretary and
officers of the Department, and the manner of discharging
or exercising those functions, duties and powers;
2. the extent of and the manner of exercising the jurisdiction of
Island Courts and the procedures thereof; the manner of
enforcing decisions of Island Courts;
3. the development, assimilation and integration of Islanders;
4. the skills development, training and employment of Islanders;
5. the composition of Island Councils; the qualification of
candidates for membership of those councils; the franchise
for elections of those councils and the conduct of those
elections; the appointment, powers and duties of returning
officers for those elections; the filling of casual vacancies in
membership of those councils;
6. the selection of chairman and deputy chairman of Island
Councils and the Island Co-ordinating Council;
7. the appointment of clerk of an Island Council;
8. the inspection of records of an Island Council by or on behalf
of the Under Secretary;
9. ^thecomposition' of Island Police forces~and conditions of
service of Island police;
10. the granting of aid to Islanders; the conditions on which aid
may be granted; the obligations of persons to whom aid is
granted;
11. the management and control of the funds of Island Councils
known as Island Funds; the payments into and disbursements
from those funds;
12. the hours for trading in premises established in areas pursuant
to section 74, the bringing of liquor into and the presence and
consumption of liquor within areas or parts within the outer
limits of an area that are reserved from the grant of that area
or that are not reserved and set apart for the Aboriginal
inhabitants of the State;

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575

13. the establishment, maintenance, management and control of

such trust funds and accounts as are necessary or desirable
for the care of moneys of Islanders deposited with the Under
Secretary or the Island Industries Board or for the
administration of Islanders' estates or for the disposal of
unclaimed moneys;
14. the establishment, maintenance, management and control of
funds to indemnify Islanders against loss of or damage to
vessels, equipment or machinery, and to compensate
Islanders and their dependants for death or personal injury
suffered by any person in the eotirse of his employment in
cases where compensation is not payable under The W orkers'
Compensation A cts 1916-1983; the basis on which such
indemnity or compensation is payable;
15. meetings of the Island Industries Board and attendances thereat;
the accounts and records to be kept by the Board, either generally
or in relation to a particular business of the Board;
the
manner of keeping such accounts and records and of the
performance of the Board's activities; the functions, powers
and duties of the Board's officers, clerks and employees; the
security and protection of the Board's property;
16. the forms to be used for the purposes of this Act and the
purposes for which they are to be used;
17. the procedure to be adopted in relation to any application
to be made under this Act;
18. the fees to be paid for the purposes of this Act and the purposes
for which they are to be paid;
19. penalties for breaches of the regulations not exceeding in
any case $200;
20. all matters required or permitted by this Act to be prescribed
and in respect of which the manner of prescription is not
otherwise provided for; and
21. all matters and things for which it is necessary or convenient
to provide for the proper administration of this Act or for
achieving the objects and purposes of this Act.
Regulations may be made so as to apply throughout the whole of the
State or within such part or parts of the State as are therein specified.

PART IX-ASSISTANCE TO AND REVIEW OF ISLAND COUNCILS

82. Assistance to Island Councils. (1) Each of them, the Minister

and the Under Secretary is authorized to provide to any Island. Council,
from the resources of the Department, such assistance by way c-(a) making available the services of officers of the Department; or
(b) financial aid,
as in his opinion is necessary to enable the council to adequately discharge
and exercise its functions, duties and powers.

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(2) A person who is assigned to perform work by way of assistance to

an Island Council shall be taken to be discharging a function under this
Act while he is engaged in that assignment.
83. Use of churches etc. for provision of assistance . (1) Subject
to subsection (2), the authority conferred by section 82 on the Minister
and the Under Secretary includes authority(a) to make arrangements with any church or religious organization
that works for the welfare of Islanders with respect to the
provision of assistance under that section; and
(b) to provide assistance under that section to the church or
organization with whom the arrangements are made for
application in accordance with the arrangements.
(2) Where the provision of assistance referred to in subsection (1)
is for a particular area, the authority specified by that subsection shall
not be exercised except with the approval of the Island Council established
for that area first had and obtained.